United States Senate Career of Barack Obama - Resignation and Replacement in The U.S. Senate

Resignation and Replacement in The U.S. Senate

After his election as President of the United States, Obama announced on November 13, 2008 plans to resign his Senate seat, effective on November 16, 2008. In the wake of the impending appointment, Patrick Fitzgerald, United States Attorney for the Northern District of Illinois, announced on On December 9, 2008 in a press conference in Chicago, Illinois that Rod Blagojevich, Governor of Illinois, and his chief of staff John Harris, had been arrested by the FBI early that morning on federal charges of corruption in connection with allegations about a "pay to play" scheme to fill Obama's Senate seat, among other allegations. Blagojevich was charged with mail fraud and solicitation of a bribe. According to Fitzgerald, Blagojevich tried to sell off Obama's open U.S. Senate seat to the highest bidder, as well as pressuring the Chicago Tribune to fire editors critical of the Blagojevich administration in exchange for state assistance in selling Wrigley Field.

In spite of the criminal allegations against him, Governor Blagojevich announced that he would appoint a new Senator before the end of the year. However, in an investigation by the office of the U.S. Attorney into allegations of a "pay to play" scheme to fill Obama's Senate seat Blagojevich scandal, where it was alleged that Blagojevich attempted to fill Obama's seat in exchange for political favors and bribes. Illinois Governor Gov. Blagojevich appointed former Illinois Attorney General Roland Burris as Obama's replacement. However, the legality of Burris' appointment was disputed by the Senate Democratic Leadership, who alleged that Burris' appointment was not legal because he had not produced a certificate with the signatures of both the Governor and Secretary of State Jesse White, who had declined to sign the certification of appointment.

On January 9, 2009, the Illinois Supreme Court ruled that the Burris appointment only required the signature of the governor, and that the signature of the secretary of state is not required to make the appointment valid. The court also ruled that the state of Illinois is not obligated to use, and its Secretary of State is not required to sign, the Senate's "recommended" certification form, and that the Secretary of State could provide Burris with the form from the official state records after Burris paid a fee. The form showed that the appointment was registered and certified by the Secretary's office, which contained information to fulfil the requirements of the U.S. Senate for certification by the state Secretary of State.

With the form presented by Burris to the U.S. Senate, the Secretary of the U.S. Senate and the Senate Parliamentarian on January 12, 2009 deemed Burris' new credentials valid for the appointment, and Senate leaders decided to seat Burris. Burris was finally sworn in on January 15, 2009 by then President of the Senate Dick Cheney.

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